How to evict a loud neighbor

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

An instruction for those who are tired of listening to people sorting things out all night behind the wall or trying to take the top la in karaoke.

Everyone has the right to peace and quiet. Therefore, it is possible to evict high-profile tenants who interfere with the whole house. But this is a complex process. You will have to spend a lot of time and effort.

Does the law protect the right to silence

There are uniform standards for noise levels in residential buildings, which cannot be exceeded. They are spelled out in the appendix to the federal law on the sanitary and epidemiological welfare of the population. But in Russia there is no general normative act that establishes the time of day when no noise is allowed. In every region, region or other subject, this issue is regulated by its own law.

In Moscow, for example, this was adopted back in 2002. The Law "On Observance of Peace of Citizens and Silence" regulates the level of noise, the time when you need to be quieter, and responsibility for violations.

Permissible noise level in Moscow

	Watch	Permissible noise level, dB
Day	7:00–23:00	55
Night	23:00–7:00	45

To understand how to evaluate this, it is worth comparing:

• Loud conversation - 70 dB.
• Working vacuum cleaner - 75 dB.
• Crying baby - 78 dB.
• Punch sound - 95 dB.

A person feels comfortable with a noise of 30 dB - it is a whisper or rustle of leaves. A level of 60 dB is considered safe for health. During the day, you can raise the volume in the apartment to such indicators. But you can't make noise at night.

The maximum is 35–40 dB. This is the quiet conversation level. And no karaoke or loud music - this is prohibited by law. In addition, at night it is not worth it:

• Make repairs, load and unload things. For example, transfer them from the car when moving.
• Watch TV and listen to radio at high volume.
• Use pyrotechnics. An exception is New Year's Eve from December 31 to January 1.
• Screaming, stomping, playing musical instruments and so on.

When neighbors have the right to make noise

There are situations when neighbors can legally make noise - this is the repair time. With the condition that the work goes on during the day and begins no earlier than 9:00, and ends no later than 19:00. Moreover, it is imperative to take a break from 13:00 to 15:00 - this is the time for an afternoon rest.

Such a framework has been established for Moscow, but the regions may have their own rules. For example, somewhere work is allowed to start an hour earlier or finish three hours later.

What to do with violators

If neighbors like to make repairs at night, listen to loud music until late at night and make scandals, and this behavior prevents you from sleeping peacefully, start fighting for silence.

1. Collect evidence

Loud neighbors should be offered as often as possible to resolve the issue peacefully. Conduct correspondence via SMS or messengers, on social networks or by mail. And every conversation should be recorded or filmed on a mobile phone. All this will be proof that the neighbor was offered a compromise, but he does not make contact.

You can ask other residents to describe what they saw and heard. If you plan to go to court, you will also find it very useful to testify from police officers, employees of the management company or HOA.

2. Call the police

When a noisy party starts outside the wall, call the police first. The officers on duty will take explanations from the neighbors and from those who called the outfit. In the morning, the district police officer should come and again interview the participants in the conflict. It is advisable that not only you complain - other residents can also confirm that loud music or screams interfere with rest.

So, in Moscow, a restless neighbor will first get off with a warning. And for repeated violations, they will already be fined in the amount of 1,000 to 2,000 rubles.

3. Complain to the management company or HOA

After a noise complaint, the organization should send a staff member to confirm that the tenant is being too loud. Specialists must examine the apartment: it is possible that he makes repairs or illegal redevelopment for days. As a result, they will draw up an apartment survey report, which can be used as evidence in court.

The downside is that utilities come out with checks during working hours, when too cheerful neighbors can already sleep peacefully.

4. Complain to Rospotrebnadzor

Specialists must go to the site and measure the noise level. If it exceeds all permissible limits, then the culprit will be fined.

How to evict a neighbor without trial

It is possible to force a neighbor who interferes with the lives of others to move out without a trial. It all depends on the rights on which he occupies the apartment.

If the living space is from a neighbor in social rent

In this situation, it is easiest to evict a noisy tenant. Social hiring is, more simply, the lease of a municipal apartment. You need to collect evidence and complain to the administration. According to the Housing Code, if a resident violates the rights and peace of his neighbors, the municipality can terminate the contract with him. The violation is considered serious, so the troublemaker will not be provided with a new apartment.

If a neighbor rents an apartment from a private person

The owner of the apartment is responsible for the behavior of the tenants. He needs to talk about noisy neighbors. If the owner does not pay attention to the complaints, then it is worth finding out if he has a lease agreement. As a rule, many do not complete documents when renting out apartments. Therefore, such cases do not reach the court: the owner does not want to be prosecuted for illegal business.

If the owner of the apartment does not make contact, complain to the tax office. He makes a profit from renting out housing, which means he must pay taxes. For non-payment, he will be punished with a ruble. And he is unlikely to continue renting an apartment to the same noisy tenants.

When to go to court and how to do it

The most difficult option is when the owner of the living space does not respond to any comments that the tenants are behaving too loudly, or he himself breaks the silence. Then you can try to carry out the eviction through the court. But this is an extreme measure. As a rule, such processes are rare.

It will take more than one day or even one month to collect evidence.

The more complaints to the management company and Rospotrebnadzor and calls to the police, the better.

All copies of the protocols and certificates of the survey, along with a statement that the neighbor needs to be evicted, send to the housing department of the local administration. Only a local government body can deprive a person of housing.

True, this will not happen immediately. Officials will give the tenant time to clear up the violations and be quieter. If he doesn't react, you have to go to court. Usually, the administration itself files a lawsuit after it understands the situation and realizes that one tenant is violating the rights of others.

If this does not happen, you are free to go to court yourself. It is better to draw up a class action lawsuit: the more people sign it, the easier it will be to prove a neighbor's guilt. The statement of claim, a sample of which can be printed, contains several parts:

1. Introductory part:write the name of the court to which the application is submitted, the details of the plaintiff and the defendant, their place of residence.
2. Descriptive part:indicate the essence of the conflict, all the circumstances and actions that you took to smooth it out. Attach the documents that were drawn up (acts of inspection of the apartment, decisions on bringing to administrative responsibility, etc.).
3. Motivation part:write down the norms of legislation that the neighbor violated. This can be done independently or together with a lawyer.
4. The final part: indicate your requirements. In this case, eviction. You can also ask for compensation for moral damage.

When submitting an application to the court, pay the state fee, present your passport and a document confirming the ownership of the apartment.

During the process, you will need to submit all available audio and video recordings. Other residents, police officers and the management company will also have to testify. According to article 293 of the Civil Code of the Russian Federation, if the evidence is convincing, the court will decide to evict the neighbor. The apartment will be sold at a public auction, and the proceeds will be given to the owner.

The court rarely considers such cases. But there are still precedents: in 2009, a DJ was evicted in the Sverdlovsk region. For two years, the precinct officers drew up 42 reports on administrative offenses. And the local administration counted 16 complaints from neighbors in two months.

Unfortunately, the offender will not be evicted if he has minor children, and this apartment is the family's only home. The Housing Code says that only those who have been deprived of parental rights can be evicted without providing other premises (provided that the children no longer live with their parents).

Fighting for silence is not easy. But everyone has the right to a quiet rest, and there is no need to be afraid of this right to defend. Have you faced the problem of noisy neighbors? Share your story in the comments.